Esheria India Case Law
Sign in
India Source-linked decisions Coverage checked

India Case Law

Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.

Courts on this page
0 court collections
Last checked

Search and filter India case law

Results update automatically as you type.

India decisions

Decisions matching the current search

Clear filters
Civil procedure

THARAMMEL PEETHAMBARAN AND ANOTHER versus T. USHAKRISHNAN AND ANOTHER

Exh.B-2 is a notarised photocopy (a mechanical/secondary copy) and the appellants failed to lay the necessary factual foundation or follow the statutory procedure for adducing secondary evidence under the Evidence Act; therefore Exh.B-2 is inadmissible to prove the execution/contents of the PoA or the extent of authority to alienate. The First Appellate Court erred in relying on Exh.B-2; the High Court correctly set aside that reliance and restored the Trial Court's finding that the sale deeds were invalid. The High Court's interference under Section 100/103 CPC was justified as it corrected…

Source excerpt

  • Secondary evidence
  • Power of attorney
  • Photocopy as mechanical copy
  • Section 85 evidence act
  • Section 33 registration act
  • Section 100 cpc
Read case analysis
Administrative law

ADARSH SAHKARI GRIH NIRMAN SWAWLAMBI SOCIETY LTD. versus THE STATE OF JHARKHAND & ORS.

The impugned Memo is illegal and is set aside because it imposed a superfluous and redundant pre-condition (recommendation of the Assistant Registrar) for exemption under Section 9A; once a cooperative society is registered and a certificate issued under Section 5(7) of the 1996 Act, that certificate is conclusive proof of existence and the additional requirement adds no value and is based on irrelevant considerations.

Source excerpt

  • Illegality
  • Judicial review of administrative action
  • Relevant considerations
  • Irrelevant considerations
  • Superfluous requirements
  • Good governance
Read case analysis
Civil procedure

VINOD INFRA DEVELOPERS LTD. versus MAHAVEER LUNIA & ORS.

The High Court erred in rejecting the plaint in its entirety under Order VII Rule 11 CPC because the plaint, on its face, raised multiple and distinct causes of action including a separate cause based on sale deeds executed after revocation of authority which gave rise to triable issues of title; where any triable issue survives, the plaint should not be summarily rejected and the matter must be adjudicated by a civil court; accordingly the High Court order was set aside and the trial court order restored.

Source excerpt

  • Order vii rule 11 cpc
  • Rejection of plaint
  • Title to immovable property
  • Unregistered agreement to sell
  • Power of attorney
  • Mortgage vs sale
Read case analysis
Limitation law

SANTOSH DEVI versus SUNDER

The Court held that the initial onus was on the petitioner to plead and prove particularized fraud to claim exemption from limitation under Order VII Rule 6 and Section 17; a registered sale deed is presumed genuine and the record showed the petitioner had signed and was aware of the deed, and the alleged fraud in the sale transaction did not demonstrate that the petitioner was kept unaware of her right to sue, therefore the suit was barred by limitation and the High Court committed no error.

Source excerpt

  • Section 17 limitation act, 1963
  • Order vii rule 6 cpc
  • Fraud
  • Suit for cancellation of sale deed
  • Presumption in respect of registered documents
Read case analysis
Registration law

K. GOPI versus THE SUB-REGISTRAR & ORS.

Rule 55A(i) of the Tamil Nadu Registration Rules is inconsistent with and therefore ultra vires the Registration Act, 1908 because the Act does not empower the registering officer to refuse registration of transfer documents on the ground that the executant has not produced title deeds or has not established title; once procedural requirements are satisfied and parties admit execution, the document must be registered even if the executant may have no title.

Source excerpt

  • Registration of sale deed
  • Rule-making power under section 69
  • Vires of subordinate legislation
  • Adjudicatory power of registering officer
  • Sections 22-a and 22-b of tamil nadu amendment
Read case analysis
Indian stamp act, 1899

CHIEF REVENUE CONTROLLING OFFICER CUM INSPECTOR GENERAL OF REGISTRATION, & ORS. versus P. BABU

The Registering Officer must have and record a prima facie basis or material before referring a registered instrument under Section 47-A; 'reason to believe' requires objective material and not mere subjective satisfaction; the Collector must follow the procedural steps in the Tamil Nadu Rules 1968 (including provisional order indicating basis, communication in Form II and opportunity for representations) and failure to record reasons or to follow the prescribed procedure vitiates the valuation and demand for additional stamp duty; accordingly the High Court was correct to set aside the impug…

Source excerpt

  • Undervaluation of instruments
  • Reason to believe
  • Market value determination
  • Procedural fairness and natural justice
  • Form i notices
  • Form ii notices
Read case analysis
Transfer of property act, 1882

A.B. GOVARDHAN versus P. RAGOTHAMAN

The Agreement constituted an equitable mortgage by deposit of title deeds within Section 58(f) of the Transfer of Property Act, 1882; the respondent admitted execution and failed to prove coercion; the Agreement merely recorded the concluded deposit and did not create or extinguish rights requiring registration per Narvir Singh, therefore the Single Judge was correct to decree a mortgage and the Division Bench orders were set aside; the decree was restored with the rate of interest reduced to 12% p.a.

Source excerpt

  • Equitable mortgage by depositing title deeds
  • Redemption of mortgage
  • Mortgage decree
  • Promissory notes
  • Registration
  • Delay condonation
Read case analysis
Property law

SHAKEEL AHMED versus SYED AKHLAQ HUSSAIN

A suit for possession and mesne profits cannot be maintained on the basis of unregistered Agreement to Sell or unregistered General Power of Attorney because such unregistered documents do not confer any right, title or interest in immovable property; therefore the decree based on those documents must be set aside and the suit dismissed.

Source excerpt

  • Unregistered documents
  • Agreement to sell
  • Power of attorney
  • Will
  • Possession and mesne profits
  • Hiba (oral gift)
Read case analysis
Stamp act (taxation)

SHANTI BHUSHAN (D) THR. LR. & ORS versus STATE OF U.P. AND ORS

Stamp duty on a sale deed under Article 23 Schedule IB must be assessed on the market value prevailing on the date of execution; municipal or rateable valuation by rent-capitalisation is not a proper basis for that market value; where the property is in possession of tenants the market value should be reduced appropriately (by reference to comparable tenanted sales or by making a deduction from comparable unencumbered sales); the matter was remitted to the Assistant Stamp Collector to determine market value on evidence and to apply appropriate deduction for tenancy; the High Court's setting a…

Source excerpt

  • Market value determination
  • Valuation of property in possession of tenants
  • Interpretation of taxing statute
  • Section 47-a of the indian stamp act
  • Article 23 schedule ib
Read case analysis
Constitutional law

GWALIOR DEVELOPMENT AUTHORITY AND ANOTHER versus BHANU PRATAP SINGH

The lease transaction initiated by the tender of 13.03.1997 attained finality when the parties executed and registered the lease deed on 29.03.2006 for 18262.89 sq. meters; once registered under Section 17 of the Registration Act, the instrument could not be altered or amended by the High Court under Article 226, and the High Court's mandamus directing execution of a lease for the remaining 9625.50 sq. meters without consideration was beyond its jurisdiction and contrary to law.

Source excerpt

  • Article 226
  • Article 14
  • Lease deed
  • Tender and auction
  • Forfeiture
  • Registration act section 17
Read case analysis

About this LexChat collection

India decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.